Summary Judgment In Federal Court Based On Lack Of Duty
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John Lynch represented the general contractor responsible for building the warehouse at which the plaintiff worked. The plaintiff was injured when he fell through a wire grid/mezzanine system within the warehouse several years after completion. After the plaintiff's attempted to add the general contractor as a defendant in an existing case was denied, even though the limitations period had not run, the plaintiff to filed a separate action The case was then removed to federal court and summary judgment obtained for the general contractor. The court found that the general contractor had no duty to the plaintiff at the time of the incident, as it did not retain sufficient control over the work in question. Taylor v. Facility Constructors, Inc.
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